Case Description
This case addresses the extent to which an applicant for a process patent needs to demonstrate utility (industrial application) of the process and the resulting product. The Supreme Court held that the practical utility of the compound produced by a chemical process is an essential element in establishing a prima facie case for the patentability of the process. The requirement that a chemical process be useful is not satisfied by a showing that the compound yielded belongs to a class of compounds which scientists are screening for possible uses. Nor is the utility requirement for chemical processes satisfied by a showing that the process works, i.e., yields the intended product.
Decision Year
1996
Case Summary
Decision Link
Pre-grant flexibilities
Jurisdiction